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The Collaborative Clearinghouse for Lawsuits and Other Claims Against ACE Group Insurance Companies

MITCHELL et al v. ACE AMERICAN INSURANCE company et al

ATTENTION: It is possible that this information may no longer be current and therefore may be inaccurate. The index contains both open and closed cases and is not a complete list of cases in which an ACE Insurance Group company is involved. This information is provided to give interested persons an idea of the issues disputed in the indexed cases. For a full understanding of a case, one should read the rest of the court file, including the response. For the most up-to-date and complete information on a case, visit www.pacer.gov or contact the clerk of the relevant court.

Case Number: 
2:15-cv-00015 Search Pacer
ACE Group party(s): 
Opposing Party: 
Larry Mitchell
Court Type: 
Federal
US District Court: 
Eastern District of Louisiana
Date Filed: 
Jan 6 2015

PETITION FOR DAMAGES

NOW INTO COURT, through undersigned counsel, come Plaintiffs, Larry Mitchell and
Laura Mitchell, both persons o f the full age of majority and residents o f and domiciled in the
Parish of St. Tammany who, with respect, show this Court as follows:
I.
That made Defendants herein are: Ace American Insurance Company, upon information
and belief, a foreign insurance company authorized to do and doing business in the Parish o f
Orleans, State of Louisiana; Ace Hardware Corporation, upon information and belief, a foreign
corporation domiciled in the State of Illinois; and Charles Dale, upon information and belief, a
person of the full age o f majority and domiciled in the State of Florida. That Defendants are
liable to Plaintiffs jointly and in solido for the following:
II.
That on or about March 25,2014, at approximately 3:00 p.m. Plaintiff, Larry Mitchell
was operating his vehicle in an eastbound direction on Interstate 12 near mile marker 59 in the
Parish o f St. Tammany, State of Louisiana.
■ III.
At approximately same time and place, the Defendant, Charles Dale was operating a
vehicle with the permission of its owner Defendant Ace Hardware Corporation, also in an
eastbound direction on Interstate 12 near mile marker 59, but traveling behind the vehicle
operated by the Plaintiff Larry Mitchell when suddenly and without warning the Defendant
Charles Dale collided
with the rear o f the vehicle operated by Plaintiff Larry Mitchell propelling Plaintiff’s vehicle off
the highway.
IV,
The aforesaid collision sued on herein was the fault of, and proximately caused by
Defendant, Charles Dale, in the following non-exclusive respects:
a. By following too closely;
b. By failing to maintain reasonable and proper control o f said vehicle upon a public
road;
c. In operating the vehicle under his control in a reckless and negligent manner;
d. By failing to see what should have been seen; and
e. All other acts o f fault which were the cause of the collision sued upon and will be
shown at the trial of this matter.
V.
That as a result o f the aforesaid collision. Plaintiff, Larry Mitchell, has sustained
bodily injuries, including but not limited to a disc protrusion at L5-SI, L4-5, and L3-4; a
herniated disc in his cervical spine at C5-6 and C4-5; and an aneurysm o f the distal abdominal
aorta requiring surgery; together with past and future mental anguish and physical suffering, Joss
o f enjoyment o f life, past and future expenses for medical care, including expenses for traveling
to the physicians’ office, past and future lost earnings and impairment o f earning capacity, all o f
which entitles Plaintiff to recover from Defendants such general and special damages that exceed
the jurisdictional limit for a jury trial and jurisdiction of federal court as are reasonable in the
premises.
VI.
That Larry Mitchell and Laura Mitchell were married at ail relevant times herein and
have remained married.
VII.
That as a result o f the injuries which Larry Mitchell sustained in the accident sued on
herein, Laura Mitchell has suffered a loss of consortium, services and society o f Larry Mitchell,
and therefore, has suffered such damages as are reasonable in the premises.
VIII.
That all times relevant herein Defendant, Charles Dale, was acting in the course and
scope o f his employment with Defendant, Ace Hardware Corporation and therefore Defendant,
Ace Hardware Corporation is liable to Plaintiffs under the theory o f respondeat superior.
IX.
Plaintiffs show that at all times mentioned hereinabove, there was in full force and
effect a policy o f insurance issued by Defendant, Ace American Insurance Company, under the
terms and conditions o f which it agreed to insure and indemnify Defendant, Charies Dale, from
the type o f liability asserted herein.

WHEREFORE, your Plaintiffs, Larry Mitchell and Laura Mitchell, pray that
Defendants be served with a certified copy of this petition, and after being duly cited to appear
and answer hereto, and after the expiration of all legal delays and due proceedings are had, that
there be judgment rendered herein in favor of Plaintiffs; Larry Mitchell and Laura Mitchell and
against Defendants, Ace American Insurance Company, Ace Hardware Corporation and Charles
Dale, jointly and jjj solido. for such damages as are reasonable in the premises, said judgment to
bear legal interest from the date o f judicial demand until paid, for all costs o f these proceedings
and for all legal and equitable relief this Honorable Court shall deem appropriate.

The provided text is an excerpt from a document filed in this case. For a full understanding of the case, one should read the complete court file, including the response.

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